circuit court is posh for obama as he looks for ways to sir kim event the polarized house. do you agree with that?circumved house. do you agree with that? >> to actually do their jobs. that's actually evidenced by the nominees that the president has put forward. so if you actually look at just the three most recent circuit court judges that the president has successfully gotten through the confirmation process in the senate, all three of those, all three of those now judges had to wait more than 250 days for their vote. but once they actually got a vote, they got more than 87 votes each. so this is not a matter of putting ideological people on the bench. this is a matter of putting qualified people who have bipartisan support on the bench in place, to do their jobs and to fulfill their responsibilities that federal judges all across the country have, which is to make sure that justice is served in a timely fashion. >> josh does bring up a good point, heather. we talk about activist judges, here's the guy who has the endorsements of paul clement, ken starr and other republic